Evening Star Newspaper, May 23, 1876, Page 4

EVENING STAR. TUESDAY.......-...--. May 23, 1976, eed Creatine flees henna Weather Probabilities To-day. SIGNAL OFrt OFFICE RSH INGTOM, May 2), 1616." In the middle and eastern states, rising acd bigh barometer, brisk and high north- West to vortbeast winds, diminishing in force to-night, heavy frosts and decidedly coo! clear weathe! DISTRICT INVESTIGATE [Continued from First Page.) Ve or oral, made by or on Benait of the listrict of Columbia. This board, composed of the First and Second Comptroiiers of the Treasury, were author- ized to issue their certificates for the sums found dee im each of the said classes, and these certificates might be fupded in a fifty- ear bond, bearing 5.65 per cent. interest, to te issued by the board of sinking-fand com- missioners. Ail claims were required to be resented within ninety days after publica- Bion of notice. So that no claim could be examined and audited by this board that Was cot included within one or the other of these classes, anc was not presented ag pre- a@cribed by this section. The amounts allowed in each of these classes were not greatly diferent from tae estimate of the joint committee of the two Houses, except those allowed in the fourth Class, and in the class for damages done to realestate. The amount estimated by that committee of the fourth class, as we have before stated, was $1,525,000,’ while the @mount allowed and certified is $7,156,174.13. The phraseol of the statute describing the claims of this class leaves no doubt that it was intendet to incinde the claims growing ont of the incomplete contracts of the board of pubilc works. They must be claims for work done, or claims hereafter created, that is, for work to be done, but arising out of contracts aireaiy made by the board of public works. The ne- ceseary elemenis of these claims are, first, & contract with the board of public works, ex- isting at the passage of the act; second. work already dope or to be done under Ii; and third, no written evidence of the claim. It was in fact an unliquidated demand, uncer- tain in amount, yet capable of being ascer- tained when the work was floished. Batan indispevsable condition was that the d Zaust arise out of @ contract 1m ex ence at the passage o act, and capable of presentation to the board of audit in some form, within the ninety days prescribed by the sixth section. That all claims for work done under in- complete legal contracts of the board of pub- lic works, where bo evidence of indedtcd- mess bas been issued, are within the terms Of this fourth class, cannot be doubted; and the duty and right of the board of audit to ezamine and certify these claims is unques. tionadle. And your committee bave as little sloubt that the board of audit should have disallowed all claims arising out of con- tracts for work that had no existence on the 20th June, 1574. In no sense were such claims @ partof the unfunded and floating debt of ‘the District or the board of public works at that date; nor was it possibie that a claim- &nt, under a contract for work, eatered into Subsequent to the passage of the act, could bave made the presentation of bis claim as required by the statute. ‘ne extensions of contracts or the con- tracts for new work made by the Commis- Sioners, a8 well ag the contracts for repair- ing wood and concrete pavements, were therefore clearly not subject to be audited, @nd certified and converted Into bonds. It @ppears that the board of audit knew that the Commissioners were making these ex tensions and contracting for new work as ‘weil as repairing old work, and still they a@udited claims arising out of this new work, and thus became accessory with the Com- missioners in increasing the debt of the Dis- trict in vi tion of the law. If they had re- fused to allow all claims arising out of con. tracts entered into by the Commissioners Subsequent to the act defining their powers _ and cuties, the District debt would be less than it now Is by from three to five millions. It is not claimed that they had any power touse the three-sixty-five certificates for the yment of anything but indebtedness, iquidated or unliquidated, existing June 20, 1874, but the result of their action has been that these certificates have been issued for a large amount of indebtedness that bas accrued on contracts for work that bave come into being sinee that date. And if the board of audit had complied with the yequirements of the section investing ‘with authority to examine and certify these claims, it would have cut off no inconsidera- ble amount of doubtfal,!f not invalid and groundless, allowances. gave notice, @s required by the statute, that all claims must be mted to them within ninety ays after the first publication of notice. But, strange to say. they made an order that Claims against the board of public works should be deemed and considered presented, Withont requiring the claimant to make aby Memorandum or statement in writing as to the nature, character or amount of his demand against the board of public works, Within the ninety days. The consequence Was that claims were allowed a year after the limitation expired that would never bave been thougat of or presented, and Which are believed to have been whoily without merit. (See testimony of Morris Murpby, Delaware Hudnall, Williams and Beckett, reports of John Morris, ex- pert, dc) | This nullification of the provisions of the statute Opened e door to @ set of improvised ciaim- agents, who, with the aid of sabordinates in the board of audit or of the District govern- ent,or both, preyed alike upon the Dis- triet and tbe contractor. We do not impute any intentional wrong to the officers com- Posing the board of audit in the matter, but we cannot but condemn thelr disregard ofa jegal poe the object of which was to protect the District against fabricated ciaims, and to guard its Leaps thes my the ¢emands of unscrupulous contractors and claim agents. If it had been complied with 4m ail the classes of claims enumerated above, it would have stood as an absolute bar and probibiticn against their auditing @nd certifying any of the claims grow! of extension or ir work, out ou that had no nee unti! after the expiration of the ninety days’ limitation. If they could not have foreseen what woukl be the consequence of their action, they eS at least to have Yielded obedience to law without con- | sidering the inconvenience to themselves or 1o others of such obedience. To the board of audit alone was instrusted ‘the duty of deciding what claims were in. cluded within either or all of these classes. 1t is the fourth class, within which were em- braced claims growiug ont of work on the improvements of the board of public works; but how the repairing of the concrete and ‘Wood pavements caa be brought within the — of claims to be allowed in this glass, is more than we can comprehend. ‘They must be claims existing “or hereafter created * © * arising out of contracts bd * made by the board of public | works.” In thecase of the repairs of these vements, there is a contract, it is tra ween the contractor and the board of | am works, which required the former to these repairs, but was there any claim existing at the passage of this actor there | after created ‘Wor! calm exis or created afterward agai: ‘the board of public works growing ont of the the ninth section tnese con- There was no claim existing or created aflerward, _ tne Commissioners ordered jog any claim against the District or the board of public works. If, instead of suing the contractor for damages for his failure to repair, as the Commissioners have aright to Go, they made the repairs, their cost couid not be made aciaim against the District, for the reasons above given, and for the addi- tioval the board of audit shows some of these offi- tals to bave been unfaithfal of the interests of the District. The ev: falls to — with sufficient certainty to the persons in this office implicated with claim- ants in obtaining allowance for stale, un- founded, and fa: ted claims against the District, so as to justify your committee in ‘osecul be instituted than that the board of public works had a!- lowed @ compensation, !n some favored and exceptional cases, over and above the rates of the contract, these accounts were over- hauled and balances found against the Dis- trict, and certificates issued therefor. In other cases the contractor was wholly Ignor- ant of any claim against the board of public works in his favor, and had presented no claim, until. being informed that other tractors had had allowances ofacertain mes acter, be applied for and ob’ that which be no legal right. In fact, some of these accounting ‘rs—and the same may poor ah mn of the subordinates in ag eu- ineer's department—acted apparently un- fer the idea that they were theemployes and attorneys of the contra: , and not the pa guardians of the interests of the District. No inconsiderabie amount of these claims, Sllowed to contractors, under the board the board of public works, has been added io the debt of the District, on aceount of the failure of the board of audit to aire & ta tion of the claim in some form, within the time prescribed by the act of le 1 evidence shows that many thousands of dollars were allowed fully a od after the limitation had expired, and that in cases where it is evident It had not been supposed = the contractor that he had any valid claim, and. which, in oN gear oe he pever would have presen’ for allowance witbin the time prescribed. Your committee have also found several cases of improper or excessive measure- ments and others Of payments above the prices contracted for. In all cases of impro- Per or illegal allowances, whether from mis- iaken or excessive measurements or other cause, your committee are of opinion that the amounts thus improperly allowed can be recovered by civil proceedings in the courts, apd that it ought to be done, unless the acjudieations of the board of audit are absolutely conclusive against District. Since the board of audit filed their answers to the _ interroga- tories of the committee, we have not had time to examine or have examined the large number of claims audited by the board, but the following list embraces the names and amounts of those who have had improper or erroneous allowances made to them, and against whom sultsshould be instituted: Payments made to contractors and others by the board of audit, collaled from report of testimony. Morris Murphy... $5,256 01 udrell. 4,510 42 1,900 00 5,000 00 4,000 00 3,000 00 015 00 300 00 5 80 952 73 2,157 53 »480 30 6,183 78 1,063 83 2,869 TL 21,350 47 162 30 ST so 413 1,650 67 11,437 76 9.971 06 8,000 00 305 75 A 48 7,000 00 65,762 00 8, 49 reports We have before stated that. in the of the Commissioners and of the board of second session of the last Congress, the estimated debt of the District, furdable in 3.65 bonds, was stated at $10,006,- 514.66, Inclusive of the debt then audited and the unadjusted claims presented in all the eight classes of indebtedness. LI por hereto the amount of claims audi and certified to December 1, 1574, in each class, and the amount as estimated by the board of audit then outstanding and unadjusted. These tea aggrega’ grand These estimates, it will be made after the Commissioners and the audi- tors bad been engaged in the disch: of their respective duties for the period of five monutbs, and after the time had expired with- in which claims could be legally presented for audit. By the answers of tliese officers accompanying this report, it appears that certificates have been issued in these eight classes aggregating (less bonds canceled. $1,900.) $14,501 488.53, Of this sum of certificates issued by the board of audit, $13,743,250 have been convert- ed Into 3.65 bonds, leaving the sum of seven bundred and fifty-eight thousand two hun- dred and fifty-eight 53-100 dollars ($758,253.53) certificates outstanding and not converted. To this sum Of........... sense seeees 108,233 53 must be added work audited and not certified on the desk of board Of BUGIE......cccccs.cccccerseseccee 297,235 74 Estimate of engineer of work done 2nd not reported to board of audit 121,535 15 Making a total of....... see e-1,177,009 42 of unconverted certificates, accounts audit- ed and not certified, and of measurements not reported to the board of audit, and which would bave beeh entitled to conversion into 365 bonds but for the joint resolution of Con- grees of 1ith March last, This would have increased the 3.65 bond- ed debt to the sum of $14.920,259.42, bein 33 i387 over and above the estima’ debt on the lst December, 1874, and $6,595,- 258.89 In excesf of the amount of the fandable debt of the District, as estimated by the Joint commiitee of the last Congress. There should also be added the amount of dam- ages done to individual owners, on account of the upauthorized improvements by the Commi+siovers, which your committee hi no means of estimating. Whether these P Ues bave any legal ciaim against the D: trict, that can be enforced in a court of jus- luce, Or Dot, the equity of their claim for compensation is quite as well founded as that of claimants who have been allowed com pensation for injuries done to their prop- erty by the late board of public works, under | the act of June 20, 1574, to ore thousand dollars. y a debt of the District made by the Commis- sioners and the board of audit on the Ist December, 1874, by classes, and the actual amount allowed and certified, if class 4 be excluded, it appears that the aggregate esti- mate was ter than the actual amount allowed Sudited in theseven other class- es, by the sum of $114,087.43. The Decern! 1874, is to be found in class 4, which includes’ the work done on unfinished contracts of the board of public works, on extepsions and modifications of those con- tracts, the repair work of last yea some other less important items ber, 1814, Of $1,908,036.28. We might assume that this sum represented the illegal and upautborized debt of the District, cre- ated by the concurrent action of the Com- missioners and of the board of audit, less claims allowed for printing, counsel fees, balances to contractors for work settled for by board of public works, and additional measurements not approved by the engineer, avd for work done bn'their own premises by citizeps, which, in the aggregate, cannot ex- ceed 30,000, because, 28 we have before stated, both the Commissioners and the board of audit, by their reports of December, isii, @ud estopped from claiming a larger poy on class against the District than $2.47 116.83, The work in class 4, which was authorized by the Commissioners, and certified by the beard of audit, during the year 1875, in the large majority of cases was done under con- tracts which were exhumed and resurrected from the grave, and appear to have been either canceled by the board of public works, abandoned by the contractor, reported as complete by the engineer of the board of pub- ic works, or executed during tne tavestiga- ton of the joint committee by the defunet board of public works, in fraud ofthe action of Congress; and fact that by these reports,’ and own showing. they would the completion of unfinished contracts more than @ miliion of dollars that had been estimated by the joint committee for this work should bave admonished these offi- cers that they were exceeding the authority conferred upon them. But itwe may do no injustice to these officers, we will take the figures, to be found in the answer of the Commissioners, (pages 142, 143, and it ap. e amount of eight that— Pie extension-work of Commis- § 1,735,003 09 sioners amounts t 2 = 290,330 95 Mesu; ta board of audit. 142 591 83 Material purchased 104,260 15 Tepair- work. 809,800 09 $3,091,046 13 If we have not greatly misconcelved the | intention and meant the actof Jane, 5 officers Will be observed that the ‘$4,905,006.28 bas been made during Gebt nearly as. lage sane wate eh as was ur! any Of the reckless ‘and illegal man= ment of the board of public 4 and @ law that, according to inion of its 1 Of $10,006 514.65. | recollected, were | 1 comparison of the eetimate of the | great Increase over the estimate of | as o | having been paid on a sale of certain Dis- | on whieh the annual Interest ts $1,129,623, while the asrersed valuation of the real tate of the District is bat $93,000.000. If to | the sum or the bonded debt we add the un- converted certificates of the board of audi and the measurements not certified thore still in the engincer’s office, equal to $1,177 009.42, we have as the fanded aod un- funded debt of the District $23,361.372.85, ex- clusive of the claims for damages to real | property. According to the report of the joint committee of the last Gonqzess, the {debt authorized to be funded into 3.65 , bonds was created of the limitations and_ res! upon the board of public works by act }of Con a — an ic act of | the District of Columbia. It was by a viola- tion of law that the board of public works had involved the District in bankruptcy, ard which, combined with reckless if not criminal mismanagement, that led to the abolition of the late government of the Dis- trict and of the board of public works and the substitution of the present temporary | government. | "But none of the parties who participated | in imposing this heavy burden on the people of the District, in defiance of the plain pro- visions of law, have been brought to justice, | either civilly or crimipally. Either may | have been equally impracticable—in the one case from the want of proof of criminal | Motive, and in the other from the impossi- | billty of fixing a legal liability on any par- | ticular member of the board of public work: | or all of them. [t was deemed by the la: | Cor gress sv ffictent for the occasion to rid the DA-triet of every vestige of the government | tnder whose authority these wrongs had been perpetrated, and to organize a new goverpment with more specific and limited powers. And in order to aifurd some guar- | antee to the tax-payers of the District against a repetition of the lawlessness of the late board of public works, as well as to restrain the executive officers upon whom the provisional government of the District | was devolved from following the evil exam. pie of their predecerzors in authority, the second section of the act of Juve 20, 1874, rey quired that each of the three Commissioners to be appointed by the President should give @ bond ‘in the penal sum of fifty thousand | dollars, to be approved by the Secretary of | the Treasury, for the faithful discharge of the duties of his office.” | AS we have said, they were not only vested with executive authority, but they | Were trustees, or assignees in bankruptcy of | this plundered and insolvent District, to | Wind up its affairs and to enforce its valid | laws until Congress should provide a per- | manent government. The obligation as- | sumed by these Commissioners is akin to | those of an executor of a will or an adminis- trator of an estate. If they have failed in the discharge of their duties; if they have beea unfaithful stewards of the trust committed | to them; if they have been guilty of malfeas- ance or misfeasance, or abused thelr power to the injury of the District, it seems to your committee that they are severally respon- | Sible Lo the District on their bonds. | We cannot conceive any reason for requir- | ing this bond of these officers, unless they can be madeliable thereon under the facts | Presented in this report. If they are not re- spos sible on theee bonds for the illegal in- crease of the debt of the District, and espe- _—-*, for the wasteful, unlawful, and unjus- | tifiable expenditure in re, of streets | during the last year, we cannot imagine a state of facts, short of crimipal misconduet, that would sustain an action thereon. With- | out positive and direct proof of corrupt mo- | Uyeor criminal misconduct on their part, | of which there ts none before the committee, they could not be punished criminally, and, | unless they can be made ——— on their | bonds, they cannot be held amenable for what seems to your committee not only fla- | t violations of law but absolute ua- | faithfulness in the administration of the | affairs of the District. In the investigation of some of the cen. | tracts of the board of health. (see testimon: | of Jerome Bradley, 8. R. Scharf, Louis Kel- | ser, and Wm. Painter,) it appears that that with the Odoriess Excavating Apparatus | company, of Baltimore, was made under circumstances that leads to the suspicion, if not to the conviction, that improper mo- | tives controlled two of the members of the | board in awarding this contract. The coa+ | tract was given to the above-named com. | pany, as the bighest and not the lowest bid- | der, by which the citizens of the District are | taxed twenty-five percent more than they | Would be under the rejected bid. It rung for | three years, and the loss to the people of the | District for these three years, it is estimated, will be equal to 210,000 annum. Tae two members of the (Doctors Cox and Bliss) above referred to, subsequently to the award, received from the Odoriess Company certificates of preferred stock in the com- | pany, guaranteeing seven per cent. per apnum interest on $10,000, which they seem to bave disposed of afterward to the presi- | dent of the company. We refer to the statements of Doctors Cox | and Bliss, to be found in the printed volume | of the testimony, for their explanation of | this transaction, which the committee are of opinion is far from being gatisfactory. Not only ought the contract to be canceled | and set aside, but your committee would call the attention of the authorities of the District to the propriety of bringing their conduct in this matier before the grand jury, apd baving these officers indicted under sec- Beet 5501 of the revised iaws of the United tes. Congress, at its last session, appropriated $75,000 to be paid to the laborers of contract- ors under the late board of public works where it should be found that a sufficient sum to pay these laborers was due by the District to these contractors. Ip our examt- nation of this subject we have found that this mouey has ali been paid out, except a very small balance, and complaint has been | made that the parties for whose benefit this | money was appropriated did not receive it. This complaint seems too well founded fn several cases, and while we appreciate the difficulties under which the auditor of the Distriet labored to carry out the beneficent purpose of Congress, we cannot but conclude that. considering the character and condi- tion of the parties with whom we had to deal, the precautionary measures taken to prevent fraud were Inadequate to that end, and payments were made out of this fund to parties that were not laborers within the meaning of the act of Congress. The testi- mony shows that this money was paid to | bookkeepers, foremen, and sub contractors of the original contractors, and in one case | (testimony of Masak, p, 233,) it appears that a fraudulent and fabricated pay-roll of $1,392 was paid in full out of this fund, when not a | cent was due onit. In another case the foreman, time.k > and watchman consumed a large part of the pay roll, and @ livery man was allowed his ili for and horse hire under the cover of “hauling material”—and these bills hoe proved by the contractor himself, and he drawing nearly the entire pay roll under a power of attorney from the parties apparen 1, entitled to this money. (See tes- mony of . Naillor, p 282, and report of ex- | Pert on contract of Wholly & Brainard, p 263 | and seq.) [These, it is to be hoped, are excep - | tional cases,as we have not been able to | find many of the parties who could throw | ight upon the manner in which this oo go | priation was applied. We are informed that | there have already some convictions in the courts of the District for making out | fraudulent pay rolls on this ap riation; and the courts having criminal jurisdiction | in this District will fail of their duty if the | parties engaged in the frauds above referred | toare not indicted and tried. We cannot suppose that it was the intention of Con- | gress to pay the clerks and superintendents | Of the contractors of the board of public | Works. They were not laborers in any prop- er sense, and ought not to have been tn id | out of this . Nor should the auditor | have relied upon the sworn statement alone | of the contractor as to bow much he owed { = pron Ing ig — oo oo. This 28 prov @ very inadequate protec: | tion against frauds upon this fund and upon the laboring men, for whom Congress in+ | tended to provide. |. It was made the duty of the board of andit to cause &n examination to be made of the | accounts of James A. Magruder, late treas- urer of the board of public works, and for that purpose they were authorized to em- ploy competent accountants. It appears Ubat the board of audit (pages 17-23) consid- | ered that the baiance found against Mr. Ma- gruder, by the two accountants employed by | hem, was $26,603.71. By referring to the testimon. them, (Beble,) (page | the board of audit, (page 20,) it will that this balance should be increased be seen by the sum Of $6,807.05, ana that the true balance, as | Was yesterd jound by these accountants, is the sum of $33,410.76. This does not include 313,874, be treasurer ing the discount charged by the Both uments Were powerf; of one of Se = 431,) aud bis report to | Hxe, BF; Ayer will make the Resolved, &c., (the Benate concurring therein,) That the Attorney General of tne United States be, and he is yy, to cause proceedings at law to be instituted a t William Dennison, John H. etcham, and i. Phelps. on ee Datvicn or con bia, for mal- o1 o am| mal- and unfai ness in the discharge feasance ithful foc tnis purpose be 1s sucker ea ena point a al counsel'ac he may deem mivise such specta! able, who shall take of the conduct or trict of Columbia, made to the House tatives on the —— day of May, 1876, a8 baving obtained illegal and im| er allowances against the District of ‘Coane bia, or of having been guilty of a violation of the criminal laws of the United States, and that the Clerk of this the Altorney General, and to the of ithe District of Columbia, a said report and accompanyin; lence, for | Such action in the premises an they may jeem oper, 2 That the Committee on the Distriet of | Columbia, of the House of Representatives, by such experts as they may nail continue the investigation of the dei is and claims against the board of public works, audited and certificd by the board of audit against the District of Columbia, with the view of ascertaining whether any fur- ther fllegal allewances have heen mace, or illegal or improper measnrements made, and to that end such experts shall bave free access to any papers, documents or records in any department of the District government, and shall be entitled to copies thereof; and said committee shall make a report thereof to the next session of Coagress. ANOTHER REPORT. The republican members of the committee and Mr. Willard, of Michigan, (liberal), and perhaps some of the democratic members will refuse to unite in the above report. While they will admit that claims bave been allowed by the board of audit which were Improper they will refase | to endorse the conclusion that the District | Commissioners should be held accountable for aboard which is in no wise amenable to the Commissioners, and whose powers | and duties areas clearly defined as their own. This latter report will attach the responsibility where it properly belongs, and censure the board of audit. ——_—___cee—___ The State Department Granite Con- ite Contract THE CASE OF SHEDD VS. ORDWAY. For several days past the Supreme Court of the District in General Term has been en- gaged in hearing the case of R. G. Shedd agt. Albert Ordway. The facts in the case are about as follows: In the spring of 1871 the complainant, as a trustee for others, had money invested with G. F. Ordway, a part- ner of thedefendant. Defendant had indorsed G. F. Ordway’s note to the complainant. In June or ay ot that — G. F. Ordway ad- vised Shedd that Albert Ordway was en- deavoring to obtain a contract wiih the gov- Thment for furnishing granite for the new State, War, and Navy departments build- ing, and there would bea opportunity for an investment in loaning money to Al- bert erey: who was represented as being the owner, in whole or in part, of the James river quarry. G. F. Ordway in July went to Richmond to see about the proposed invest- ment, the result of which was that defend- ant gave G. F. Ordway a —~ of attorney, and an agreement was then made and en- tered into. In August, 1871, Supervising Architect Mullett notified the defendant that the contract would be given to him if he would obtain the control of the Westham quarry, on the James river, then owned and worked by Adams & Green, and a copart- nersbip was entered into with them. In September, with G. F, Ordway owning a controlling interest, the defendant or- ganized ie James River Granite Com- pany, and @& new contract was made with Mullett, and in consequence of the government officials failing to furnish schedules of the stone aired it was not uptil after January 1, 1872, that work was really commenced. Ordway claimed that be was to be paid a certain sum per foot on the granite farnished, the full cost of cutting and dressing the stone, and fifteen per cent. on that cost; and the decree made in the Equity Court affects only his interest ia the fifteen per cent , which, on the State depart- ment wing, amounted to 143,800.55, of which $154,035 was paid to Ordway after signing a bond, and none was paid to Shedd. It is claimed that of this sum $57,520 was paid Andrews, Ordway and Green without consid- eration, and the remainder to Andrew Wash- burne, @ business associate of Ordway’s, Without consideration; and these payments, itis claimed,were made under cover of a partnership agreement with Ordway, which Ordway confesses was a sham. Tne com- lainant urges that the agreement relied on by him antedates the a and that three-eighths of the fifteen per cent. be- long to him. Messrs. Stanton and Worthing- ton appear for complainant, and Merricix and Morris for defendant. HANDSOME IMPROVEMENTS.—The dig ging of the foundation of the new schoo! house for the girls of St. Aloysius parish, located on the corner of North Capitol and Myrtle streets, was begun last Friday by the contractors, Messrs. Downing Brothers, of this city, they being the lowest bidders. The builcing, when completed, will cost $18,009, and the entire expense borne by the contributions of the congregation and their friends. The undertaking is immediately under the supervision of Rev. Charles K. Jevkins, 8. J., president of Gonzegal Col- lege, who expects to have the edifice roofed in by October next. And he means what he says, for if good management and business tact, for which the reverend gentleman is famous in bis order, stands for anything, he will Sarely. accomplish it. This improve- ment, besides supplying awant long felt by growing parish, now number- to & census of the Catholics of the congregations, just aboat completed, as a@nroun by Father Jamison, last Sunday, nearly 8,000 souls, will be a marked feature in the already remarkable growth of the eastern portion of the city. The recent elaborate, yet chaste improvements to both exterior ana interior of the now beautifal chureh edifice of this con; tion, consist- ing of an entire new set of most elegant stained glass bepeeomip leer fresh coat of paint to the outside, the beautiful graining of the wood work inside, including altar, gallery, railings and pews, arrangements for which were put underway by the late pastor, Rev. B. A. Maguire, 8. J., prior to bis departure for the eastern states @ year ago, and which has been carried out abd almost completed so faithfully by his successor, F. Ciampi, and Dis assistan' b ocsroe makes it rank smong the very handsomest Catholic churches in the country. ———~+0e-—_____ THE SINGER WILL CONTEST.—Mrs. Mary M. Foster, who claims to be the widow of the late 1. M. Singer, ding the decision upon ber a from the ruling of Surrogate Coffm in the contest of Mr. Singer's will, has brought suit in the si »reme court, circuit, at White Plains, to en- force ber alleged dower right in property in kers. In examination before Judge Dymap, on Saturday, David Hawley, the executor of Mr. Singer’s estate, inst whom the action is brought, testifi 1875 he was called to England to ma! 1 for Mr. Singer, by which Mrs. Isabella Eu- genia Singer, the last wife, and her children Were given all the testator’s En; wr4 erty, valued at $5,000.000. The will of 1370, offered as the last will by Mr. Hawley and contested by Mrs. Foster, also devised his estate to Mrs. Isabella end and of the es- tate of this country, of ich an inventory bas been filed for $8 000,000, thirty-eight six- tietbs were devised to her and her six chil- dren. The remaining twenty-two portions were devised in different p. ions to the eighteen children of four other wives, whom cs acknowledged in the will.—(.V. ¥. Tribune, Rd. this rapidl ing, accordin In THE MUNN WHISKY TRIAL yesterday in Chicago, Judge Doolittle addressed the Jury in behalf of the defendant, Munn, and ‘was succeeded by Hon. Robert Lagersolt, on the same side. th of these gentlemen de. voted themselves almost exclusively to the testimopy of Rehm, whom they denounced @8 @ perjurer and deep-dyed scoundrel, whose word nobody would credit under oath, ‘al and effec. closing argu- for the prosecution to-day. Pann mene ea THE Paciric MAIL MUDDLE.—An order issued at New York, on com- laint of Hatch, requiring Sidney Dil- ion, Jay Gould and Mr. Osborn to show cause why & mandamus should not issue Sompellin them to atteod meeting of the trict seeurt P. i" rectors e Pacific teamsilp com- taneeatiem ction, upon te acts ta prowen in he pany for tse election of officers. report aceountant, bas a very suspic- THE HARVESTING OF THE WHEAT CROP fous eo. and requires farther has already - in Texas, and flour | explanation the late treasurer. | made from the new wheat has jnst been re- Civil — proceedin; have been com- | ceived at St. Louis. The crop is represented annual report of the District Geamminreners, Texan, while the quality is exectisnt The exes, W ality is excellent. for the 71, and, the facts before farsland and Virginia is £0 amended as rt of $33,410.76, but this The late trea- ‘wheat prospect in also better than for some years, eked Guy For recunsayieca y y, > : was ited of E Spina eormiaee: a eares county. ther of Jack Keboe, a Molly Maguire from FH now in jail awaiting trial at LOCAL NEWS. ae., j National Theater.—Miss Mi Anderson, in “Berthe, the Daughter of r Talimadge Hall—Exbibition of the gates of seven different countries. E-street Baptist ChurcA.— Strawberry fes. tival. | Theater Comique.—First-class varieties. sae neeller alma at General Term yesterda: issouri, wasedmitied of W. A. Cook. of the Cireuit Court wag Sth of Jane. jonday in Philander Lucas, of M! to , on motion The A jury = ed until the grand jury will not meet until nem te r. Charles H. Hoffman, assistant libra- rian of Congress, who has presided over the town lar ehigeen law school, was last evening presented wi @ handsome gold headed caue by the classes, Mr. J. H. iston made the presentation , aod Mr. Hoftman responded happily. The revival which has been in = for the past month or more at the North Caro- lin@ @venue Methodist Protestant chureh, corer of Sth street east, still continues. Mr. J.E. Wolfe is assisti a pastor, Rev. J. Shreve. Major Hall, Mr. Charles Nye aod Mr. Cheeks, the converted infidel, are pres- ent almost every bight. Noonday prayer meetings are held every day for children. At 5 o'clock last night one of Harvey & Holden's employes discovered smoke in the plumbing store of Smith. Berge & Co.. 1014 ennsylvania avenue, and gave an alarm. Franklin engine company aud the police of the 5:b precinct responded promptiy and ex- tinguished the flames with bat slight dam- age. The fire was caused by the slacking of lime under the stairway. -—_ Amusements, Ete. NATIONAL THEATER.—Ol1 play-goers are, naturally evough, shy of debutantes aad in: fant prodigies. So many young people are encouraged by the partiality of parents and friends and the flattery of uninformed social circles before whom they show off, to make fools of themselves befors larger audiences, that when a new candidate for public favor comes along the old stager shakes his head and says “Not any for me, if you please, I’ve been there.” The audience assembied at the National Theater last night to wit- ness the first appearance in this city of Miss Mary Anderson, the “rising young tragedl- ene,” was not by any me made up of her personal friends. but was largely com- ed of the coldly critical class above re- ferred to, who bad made up their minds in ‘ance to be bored by some green and awk- kK school miss. @ play chosen was Shiel’s “Evadne; or, the Hail of Statues,” rather @ stilted production of the old school, but with some strong dramatic points. Miss Anderson, as the heroine, made a favorable —— from the start. An expressive and handsome face, a form, and a fine. ly modulated voice did not altogether ac- count for this. Others have been blessed With all these, and still they failed. But she had, besides these, ease, grace, and the self- eepting bhi po consciou: wer; gen ly &cquired only after years of stage Ualping. As the md proceeded sh hibited a dramatic force and vigor of expres- sion and acting totally unexpected by most of present, and which elicited the hearticst applause. Tnose who had come to criticise became absorbed, and forgot to find fault, and as the curtain fell the general verdict was, “A remarkable band woman,” coupled with ereeemsore rilliant career. Mr. Norton, Mr. Lingham, and Mr. Wells added pee & to the pleasure of the occasion by their spirited acting. Gen. Sherman and many distinguished people were present. To night Miss Anderson wil] appear in a Pa- risian favorite, entitled “Berthe, the Daugh- ter of Roland,” its first representation here. TALLMADGE HaLu.—Dr. Sunderland’s church will. on the evenings of the 23d. 24th, and 25th, exhibit the gates of seven different countries, with the persons in charge appro- priately costumed. The sight will be both hovel and interesting. something after the style of the recent authors’ carnival, which WAS 80 successful. THEATER CoMIQUE.—Miss Schott is very successful in her piay entitled “The Little Bonanza,” and also in her great mystery, “La Salon du Diable.” The numerous va- riety stars who nightly appear all present their specialties in a very acceptable man- ner, — Yesterday's Th ler Storm. A WOMAN KILLED BY LIGHTNING. Yesterday afternoon, during the thunder storm, &@ colored woman named Ann Bris- coe, residing at the corner of 8th and streets northwest, was struck and instantly Killed by lightning. She was in the summer kitchen attached to her residence preparing dinner for her husband, who was about the yard doing some carpenter's work when the lightning struck @ locust tree at the door, and seems then to have passed throagh the house &s she was stricken down a corpse. Her husband, when driven in by the storm, was horrified to find her lifeless body, and as the storm subsided he izformed the officers of the 4th precinct. An immense concourse of people were atiracted to the spot, and the coroner, Dr. Patterson, being called, gave a certificate of burial, deciding an inquest un- necessary. During tbe storm the rain leaked through the rcof of house No. 1024 7th street, occupied by Mrs. H. G. Luerssen, @ milliner, and the ceiling in the upper story became satuated and fell. The apartments were stored with millinery stock, which was greatly damaged by the falling plaster and water, iand con- siderable damage was also done the farni- ture. Sergeant Johnson and the relief of the 6th precinct, aided in removing the stock and other perishable articles before they were cumpletely destroyed. sodas aise BUILDING PERMITS issued by Inspector Plowman: Geo. 8. Krailt, three three stor: brick dwellings, north side G, between 16 and 19th streets northwest; $8,500. 8. D. Phillips, seven two story brick dwellings, east side 6th, between S and T streets north- West; $7,000. . F. McCataran, a frame dwelling, west side 10th, between E and G streets southeast; $100. Edward Dickerson, a two-story brick dwelling, east side llth’ between R and § streets northwest; $1,600. Mrs. eines, &@ frame kitchen, 6th street ween Pennsylvania avenue and D streets; #330. C. F. Smithson, two two-story brick dweilings, north side M, be- tween 4% and 6th streets southwest; £2,500. —— MecNemeny, atwo story frame dwelling, south side L, between 4 and 6th streets southwest; $375. Charles Stoot, a three-story and basement brick store, south side Penn- sylvanis avenue, between 4 and 6th streets southwest; #12,000. Mrs. Julia Henson, im- provement in house north side F. between 12th and 13th streets northwest; £360. ————— CARPENTERS AND JOINERS.—The Wash- ington branch of Amalgamated Carpenters and Joiners held their regular sem!-monthly meeting last night, Mr. J. P. McMahon in the chair, and James Mackey secretary, and the report of the general secretary at Man- chester, Englaud, for the month of May was received. which shows:—Number of branch- es, 205; England and Wales, 247; Lreland, Scotland, 5; United States, 13; game 5 New Zealand, 4; Australia, 1; new branches organized since last report was submitted, 9; membership, 15,405; return of votes on the question of jofning the federation of organ- ized trades shows 2,138 for and 3,090 against. The last quarterly report shows the avail- able cash balance on hand to be £59,376 THE GFRMAN REFORMED CHURCE.—The German Reformed ii tom zed ton with the superintendent of missions to establish an English Reformed Washin; |, provided that twenty confirm- ed aoe ; are i ppeone M2 — 7 organization, and are willing P) for the present by the superintendent crmis- sions.” a IMPORTANT TO RiveR MEN.—The decision of the Cireuit Court in the action brought by sisamn ‘yacht Wanderers War the Baltiname 8 and Potomac railroad company, has been waited for with & sm: (Pan: deal of interest by the owners of Potomac river. This oa — on Account of the railroad company to Seep dee ie Petree oe rou! Sosielon in favor of the railroad comp '. This cecision was reversed by the on the 18th inst. O. D. Barrett, esq. for plaintiffs, and E. 1. Stanton for railroad company. ——————— Horinc FisH.—Garden hoes and coal i ¢linkers would seem to be odd instruments for fishing with; but they both were fully Al a last evening by parties on board the steam tug mac, Where the perch and catfish were at- tracted to the surface of the Potomac in on the multitude of on the surface of the by the The Insane Asylum THE TESTIMONY To-DAY. The Committee on the Expenditures of the Interior department resumed their investi- tion of the t of the U.S. In- sane asylum this morsing. + Mr. Mutchier, chairman of the committee, announced that tke committee would bear few more witnesses against theasylam uj some points entirely rew, and which jest come tothe know! of the com:nit- » One case being that of @ colored man whose Were badly frozen whilean in- mate of the asylum. An affidavit made Sy, Mrs. Sarah Bontz, committee, was presented by Mr. Mutohier, that she ay erience, W. Boat: : . * 2, thirty years old, in the inetitation in I85=, and be remained there two na years, and be- came so reduced he was unable to walk. She _ therefore obtaining an order from tary of Interior took bim home. He was ten covered with vermin and carried the marks of having been terribly beaten. She kept him at bome about 16 months or more, by which time he had become very feshy apd gerous, 80 much so that she could not take care of him av longer, and was compelled to return him to the asylum, be- bo otber place. Her son was ttimes, at others rational opal) he asked her pot to gtve avy cloth- ing or anything else that was intended for bim to bis attendant, Price, because he Would pot get them if she did. Price would pat on her son’s clothing and wear them as if they were bis own. Deponent saw some articles of her son’s clothing joo Price. All the clothing and bedding nee fed was farnished by her and his name marxed. One day deponent went to the asylum and obtained admission to the or. Stealth) in which her son was placed asked the Attendant (who seemed to be new) for George Bontz. Her som was lying upon the floor, With two old blankets under him (which Were wet). directly under an open window. He was shivering with cold. As soon as} saw ber he cried, “Oh, mother!” The at tendant on learning he was her son became alarmed, fearing, she presumed, that he would lose his place for allowing her to coma into the ward. A rough character occupied her son’s bed, and was covered up with bis bed clothing which she had given to her son. Her son pleaded to be taken away from this most horrible place —“ this iron coffin.” After Dr. Nichols became cognizant of the facts, and that she had found her son in such condition, she and her family were never itted to visit the room Where he was, €xcept at the last, when he was placed in an upper room to die. He died in the moraing, April 3, 1863, and she asked for a loan of the old matteress upon which he was lying to carry his body home, promising to return it promptly, but was refused; he (Dr. Nichols) claimed that the feather bed and mattress she bad given to her son could not be found, for a long ume; frally it was found and used. Her son’s hair was cut short; his head and boty were covered with vermin; scraped at least a8 many as would fill a large tablespoon from bis head and ears. The skin of the ears And behind them were eaten off by vermin; his shoulders, under the arms and around his neck were cor mame honey-combed b; vermin. The body was brui and discol- ored by the lashés which had been given, and marks of former lashes and bruises that had been healed were visible. His enure body war also covered with vermin. George R Adams testified that he reside at No. 1530 15th street..In 1858 was chief messenger of the Commissioner of Pateats. Left there in 1561. W. Bontz was his brother-in-law. He became insane in Flori- da resulting froma fever common to that country. had lucid moments at times. He was cent to the insane asylum on appll- cation of witness, the certificate being signed by Drs. W. B. Magrader and Stone, both of whora are now dead. Frequently visited bim at the asylum, every two or three days or week. He was always brought down to the reception room when he called to see bim. He always complained of being hun- gry and asked for something to eat. Ove lime his sister and others saw bim when in his own room, he was in a@ very filthy condi- tion. In a@ couple of years after he was eee 5p bome having failed very much in health, and having fallen offin flesh. Waer he was brought home he was covered with bead and body vermin. During the whole time be visited the asylum he never saw Dr. Nichols but once. About 18 months afterwards he became so bad that they were required toreturn him to the asy- lum. Saw kim about a month before bis death, and he looked very badly forthe want ofnourishment. Sent him back to the asy- lum as @ maiter of necessity, not choice. The vermin had eaten parts of his ears off, under and bebind them. While home he gained strength rapidly, being under the treat- ment of Dr. Magruder. Did not make any complaint against Dr. Nichols at the time, as be feared to do so, as Dr. Nichol’s influ- ence was so strong that be would have been discharged from the Patent Office if he did so. The only complaint he bad against Dr. Nichols was that he was careless and negli- = in regard to the patients at the asylum. ‘new it was no use to fight Dr. Nichols sin- gie handed; that he (Nichols) would get the best of it. The committee ordered that Dr. Karle, e—— now at the insane asylum at orthampton, Mass., (who had charge of Bontz.) be 5 eae forth with. Dr. C. H. Nichols was further cross-exum- ined in to the Van Kewan case, and especially in relation to @ letter sent fr>m the lum and signed by young Van Ke- r. Nichols said he su) he saw the letter before it was sent, but did not re- member. Took the answer to the letter to the Pension office and showed it to the offi- cialis there. The object was not to prevent Mrs. Van Kewan from drawing any more nsion, but to inform the Pension oifice at young Van Kewan was being su; ted by the government at the asylum. ave no papers Ubat were taken from the Pension office under &@ promise to be returned that never have been returned. Adjourned. CHARGES OF HOUSEBREAKING AND GRAND LaRCENY.—Wesiley Johusoa, Joho Patsy, Wm. Harris, Tobe Williams and Anderson Long, have been arrested on the charge of smashing, in the bow window ‘of Mr. —_ ‘ronis, goods jer, corner of R and lith streets northwest, on the night Of the 2ist instant, and of ‘Worth $175, a8 stat TAR. They are wel when the; ' ill be Drougut t for a bearing when wi oul a A colored bay, Charles Kelly, has a been detained in jail asa witness. Bonds were xed this morning in $1,000 each. pave Dae meee THE PENNSLYVANIA ROUTE will sell tick- @ts to the Presidential nominating conven- tons as follows: To Cincinnati, at = from Jane 5th to 13th, coupons going until 15th, inclusive; returning, until June 25th, inclusive. For St. conven- ton tickets will be sold at $23.25, from Jnne 15th to 26th, inclusive; coupons going good until June 28th, inclusive, and returning coupons good until July 10th, inclusive. ———— Onyx, Roman gold, silver, and jet jewel- ry, received at Prigg’s jewely store, No. 457 Pennsylvania avenue, near 4% street. ee BRAD. ADAMS has lost a “Fly Scarf Pin.’ See adv. 1011 1011 INSYLVANIA PENEN UE. CLOTHING. SPRING AND SUMMER. Silk Ribbed Worsted, 815 jxbridge Silk W sia Fancy orsted, . Barragansett c BI'K Worsted, 10 SUITS. Fine Elbwuf Spring Oass. Suit, ¢20 Fine Plaid Ones. Suit, 18 ‘the Secre- | | &venue, opposite Willard’s Hotel, rs READING NOTICES. Srestifl and penetrating an Mill ceases CITY ITEMS. i 58 , bat bave your pat in augh' ftylvania avenve and 4\% street. a REPAIRING —Do pot Trunks, Valises, Satchels, th atrest They will ve called Tth street. nd delivered witnout charge. ——— CINCINNATI PILSEN BEER, on Driver's, corner vania avenue 4 street. ; fi & ——_.___ HAVE YOUR HOUSES CLEANED and Winter clothing saved from mouns, b: — Roach Powder. 2 F si _ ———_e———— Tue FINest LAGER IN AMERICA Is the Cincinnati Pilsen, on draughtonly at Geo. Driver's, corner Pennsylvania avenue nd 45 street. $8,226 ———-» Dr. C. W. BENSON'S CELERY AND CHAM OMILE Pr are to cure Bick Head: Nervous Hi Bit Headache, Servos Healacne, Dyepen. ‘cuco any onan uten 2,24,00 x Neuraig: focenia, ‘Seid by all Drage! in Washing- iy sts won, and Alexandria. Corns, a., Th of the elite of the world pair White's estabiishmen 1416 Peaonsy! the ocssfal treatment of bard, soft and vascu- corns, bunions, ingrowing and club pails, &c, Fee Si per visit for attending the feet. —— oval. FIRST-CLASS & URING AND DYEING. A. Fiscber cularged bis establishmest by removing tohis new butiding, 906 G st. north- Ris former place. "Sp tecteoe the form h rom | latest Improvementa’ of Amerions or Ew invention, be is enabled to do any work Ip @ manner not to be equaled by those not ing these facilities. 87 Ladies Dresses cleaned and dyed with- a : ells refinished nice 87" Grease stains removed effectaally. 87 Gent's garments cleaning and dyeing 2 Specialty. a7" Prices lower than ever before, to suit the mes, AMUSEMENTS. NATIONAL THEATER, Extraordinary success of MISS MARY ANDERSON. First time ip this city of t from the French of Hleury Bowler, entivies RTHE, The Daughter of JULIET. TU . BDAY 4876, OLAY FoRD, or this occasion only t INGLE. a OWR ard BOLON FB HB GATES OF SEVEN DIFFERENT COUNTRIES Exhibited by BR SUNDEBLAND'S OBUBCH, TALLMADG LL. on the EVERINGS of May 234, 24th and 25th. Admission, 50 cts ason tickets, ;ORD'S OPERA HOUSE. FRIDAY EVENING, MAY 26, 1876, GRAND DRAMAT.C PBRFORMANCE IN AID OF THE WASHINGTON INEBRIATE ASYLUM FUSD C4 MILLE; or, The Fate of a Coquette. w.b Dust, t- lier. J. F. Joyoe, K Bandviph, A. B. Anderson, J. Harbaugh, Mre.M KE. Norrie, Miss Annie i, Wells ‘i ‘Miss Ku. me Kaufman. Miss Florence Welf, Mre Beaumont and others, ‘Tickets 50 cents. No reserved seats. _my20-6t ER COMIQUE, feed Sg OPEN THE YEAR ROUND. EVERY BIGHT. Matinee for Le- ies and ‘ESD. SATURDAY AFTERNOON. © S=SDAE and FIRST-CLASS IN BVERY RESPECT. Variety, Drama, Burlesque and Comedy. novi-ly OLD No.) On Exhibition (New No. 456 and Sale my22 at FESTIVALS. A STHSWOEBEY FESTIVAL Will be beld at the E-STBEET BAPTIST CHURCH, \ Lstreet. between 6th and 7th northwest.) For the Benefit of Sebpoae Sohal TUESDAY apd WEDNESDAY VENINGS, Mar 23d apd 24th, 1576. af myi-3 EXCURSIONS, PIC NICS, &c. rt POBED UNTIL TH hav. 4 May same time and place. ay AY |, the 24th instant. Eebtseet EMEBSO: TO GLYMON NEMSNT—The ENT S0CL wen at GEORGETOWN ADVER’W’TS. Sree 45D SUMMEB. REMIUM STEAM D 1G BING, Pema ore aE OLD AND RBLIABL. £ (MENT. Sommer Weartng Apparel “4d or in the v best manner, also, Winter Bi Pare of until mended. Work seat Tor and detivered without extra charge ap in the ceived from and NEWSPRING AND SUMMER GOODS AT ATTRACTIVE PRICES